Appellate Division of the Supreme Court of New York, 2011

Hernandez v. St. Barnabas Hospital

Appellate Division of the Supreme Court of New York · Decided November 3, 2011

89 A.D.3d 457; 931 N.Y.2d 875

Cases that cite this one

2 later published cases cite this decision.

Knobel v. Demba Wei, LLP (Appellate Division of the Supreme Court of New York 2020)
Conniff v. 32 Gramercy Park Owners Corp. (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Supreme Court correctly determined that this action is not *458barred by the doctrine of res judicata. The prior action was dismissed as a result of plaintiffs counsel’s failure to attend a calendar call (see 22 NYCRR 202.27 [b]). Accordingly, the dismissal was not on the merits and thus does not have res judicata effect (Espinoza v Concordia Intl. Forwarding Corp., 32 AD3d 326, 328 [2006]; Kalisch v Maple Trade Fin. Corp., 35 AD3d 291 [2006]). We have considered defendant’s remaining contentions and find them unavailing. Concur — Mazzarelli, J.R, Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.